Mecklenburg County Divorce Procedures Explained by DoNotPay
Divorce is sometimes the best route for both parties, but it is seldom easy.
Mecklenburg County, NC, makes this achievable, with divorce laws that allow your uncontested divorce to be granted quickly and without fuss.
DoNotPay lifts the lid on Mecklenburg County divorce and gives you the advice you need to ensure a pain-free process!
Mecklenburg County grants absolute divorces if you fulfill the following criteria:
- You or your spouse have lived in the county for six months before filing divorce papers
- You have lived separately for at least a year
- At least one of you wants to end the marriage
In some states with a separation requirement, it is enough to have separate sleeping arrangements in the same house. Not so in Mecklenburg—you and your spouse must live in separate houses.
You can start the preparation for your absolute divorce in Mecklenburg County as soon as you begin your separation period.
Filing divorce papers in Mecklenburg is achieved with the following steps:
- Filing a complaint
- Serving your spouse
- Agreeing on a settlement
You—as the plaintiff—start the process by filing a complaint of divorce with the clerk of the county court.
The complaint for absolute divorce includes the following elements:
|Domestic civil action cover sheet||This form names you as the plaintiff and your spouse as the defendant and summarizes the type of case being presented to the court|
|Civil summons||The civil summons informs your spouse that you have filed a complaint for divorce|
|Complaint for absolute divorce||This document asks the court to grant an absolute divorce and includes a breakdown of your:|
When you file your divorce papers, you will be expected to pay the filing fee of $75.
Once you have filed your complaint, you must ensure that it is served on your spouse using the summons contained in your original filing.
A sheriff or process server should deliver the divorce papers to your spouse, who needs to acknowledge that they have been received.
Following servitude, your spouse has 30 days to file an answer. If no answer is forthcoming within that time, your divorce automatically becomes uncontested, meaning that whatever settlement you propose will be accepted by the court and entered into the final decree.
In such a case, you can file a motion for summary judgment with the court. You will receive a hearing date, on which day the judge will check that:
- Your uncontested divorce papers were filed correctly
- The servitude was in order
- The required timelines have been adhered to
If these points are in order, the judge will grant you a summary divorce. You should not need to attend court.
If your spouse answers within 30 days that they are happy with the settlement you propose, the judge will follow a similar process. Your divorce will be granted within 30–60 days.
The most crucial document in the process—and the one that will convince a judge that there is no need for a court hearing—is your divorce settlement agreement.
This agreement is based on the original complaint for divorce and sets out how your marriage should be broken up after the divorce has been granted. The points it must cover are:
- Childcare, custody, maintenance, and shared parenting
- Alimony payments and spousal support
- Division of assets and liabilities
Your divorce settlement agreement needs care and attention in its preparation, but this does mean it needs to be either expensive or over-complicated. Your options for having your agreement drawn up are:
|Settlement Agreement Sources||Explanation|
|Lawyer||Many couples automatically choose a lawyer to draft a settlement agreement, but this may not be necessary. If you and your spouse can agree on the major points of the settlement, a lawyer will add little but cost. Even if some points remain unresolved, you may find you and your spouse can reach a consensus through mediation, in which a trained mediator helps you to reach a mutually acceptable solution|
|Mecklenburg County court||The county court can provide templates for your divorce agreement, but you may find they are too complicated to understand without an attorney to guide you|
|Online||Several websites offer divorce settlement agreement templates to download and fill out. Caution is advised, though—being generic, they may not cover all your needs and may not even be valid in Mecklenburg County|
If you can avoid the expense of a lawyer, you stand a chance of keeping your costs under control—attorneys charge between $100 and $500 per hour in North Carolina, so your costs can quickly become excessive.
Your best option for getting the divorce settlement agreement you need without the cost of an attorney is DoNotPay—we can draw up your comprehensive customized settlement agreement in a few clicks!
Your divorce process needs to be as painless as possible, and this is where DoNotPay can help!
Our Divorce Settlement Agreement product is designed to save you time and money while giving you a watertight legal document that covers all the bases.
Here’s how to get your settlement agreement drawn up:
- Sign up with DoNotPay
- Choose our Divorce Settlement Agreement feature
- Fill in the details you need to be included in your agreement
DoNotPay will take it from there—once we have all the points you want to be covered, we will generate your agreement. All you and your spouse need to do is sign it and have it notarized. Don’t worry if you’re not sure how to find a notary in your area—DoNotPay has that covered with our online notarization service.
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